ORDER ON UNITED STATES' MOTION FOR PROTECTIVE ORDER REGARDING DISCOVERY PERTAINING TO THE DETERMINATION THAT ROBERT A. POLITTE AND JOAN M. POLITTE ARE ALTER EGOS OF RAJMP, INC. WILLIAM V. GALLO , Magistrate Judge . I. INTRODUCTION There are good and valid reasons why the twin concepts of res judicata and collateral estoppel exist in our system of jurisprudence. The matter adjudged or decided once with all parties fully participating should not again be the subject of dispute. It is...
IN ADMIRALTY ORDER OF INJUNCTION AND MONITION ROGER T. BENITEZ , District Judge . WHEREAS a Complaint having been filed herein on the 20th day of February, 2020, pursuant to 46 U.S.C. 30501, et seq., 28 U.S.C. 1333, and Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure ("Supplemental Admiralty Rules"), by Plaintiffs-in-Limitation CANTOR ENTERPRISES, INC. doing business as CALIFORNIA WATERSPORTS (...
ORDER GRANTING DISMISSAL WITH PREJUDICE [DOC. 15] THOMAS J. WHELAN , District Judge . Plaintiff requests the Court to dismiss this action pursuant to Fed. R. Civ. P. 41. [Doc. 15.] Good cause appearing, this action is dismissed WITH PREJUDICE. The pending Motion to Dismiss is DENIED AS MOOT. [Doc. 7.] IT IS SO ORDERED.
ORDER AND JUDGMENT TO DISMISS THE INFORMATION DANA M. SABRAW , District Judge . Upon motion of the United States of America and good cause appearing, IT IS HEREBY ORDERED that the INFORMATION in the above-entitled case be dismissed without prejudice. IT IS SO ORDERED.
ORDER CONVERTING EARLY NEUTRAL EVALUATION AND CASE MANAGEMENT CONFERENCES TO TELEPHONIC CONFERENCES AND ISSUING UPDATED PROCEDURES JILL L. BURKHARDT , Magistrate Judge . On February 12, 2020, the Court scheduled the Early Neutral Evaluation ("ENE") and Case Management Conferences ("CMC") in this matter for March 25, 2020, at 9:00 AM. (ECF No. 12.) The Order required the personal attendance of all parties, party representatives, including claims adjusters for insured defendants, and the...
ORDER GRANTING JOINT MOTION TO DISMISS JOHN A. HOUSTON , District Judge . On March 18, 2020, Plaintiff, Raul Uriarte-Limon, and Defendants, Frankie L. Johnstone and Talk-A-Lot Wireless LLC, filed a joint motion to dismiss this case with prejudice. IT IS HEREBY ORDERED that the joint motion is GRANTED. The case is DISMISSED with prejudice. Each party will bear its own costs and attorneys' fees in connection with this action. IT IS SO ORDERED.
ORDER GRANTING JOINT MOTION FOR ATTORNEY'S FEES (ECF No. 23) ANDREW G. SCHOPLER , District Judge . On January 29, 2020, the Court granted the parties' joint motion to remand this case to the Social Security Administration under 42 U.S.C. 405(g), sentence four. (ECF No. 21.) The parties now jointly move, under the Equal Access to Justice Act, for an order awarding plaintiff $3,100 in attorney's fees. (ECF No. 23, at 1.) DISCUSSION "Under EAJA, a litigant is entitled to attorney's fees...
ORDER GRANTING IN PART JOINT MOTION TO CONTINUE ALL DISCOVERY AND RELATED DEADLINES BY SIXTY DAYS [ECF NO. 29] MICHAEL S. BERG , Magistrate Judge . On March 18, 2020, the parties filed a "Joint Motion to Extend All Discovery and Related Deadlines by Sixty (60) Days." (ECF No. 29.) In support, they contend that written fact discovery has been completed, and the only outstanding fact discovery concerns depositions of the individual Defendants, one San Diego Police Officer, and Plaintiff's...
AMENDED ORDER RESETTING MOTION TO DISMISS AND MOTION TO STRIKE HEARING JOHN A. HOUSTON , District Judge . On the Court's own motion, IT IS HEREBY ORDERED the Motion to Dismiss and Motion to Strike hearing set for March 16, 2020, is VACATED and RESET to April 2, 2020, at 10:30 a.m. The parties shall appear telephonically. IT IS SO ORDERED.
ORDER AND JUDGMENT TO DISMISS INDICTMENT WITHOUT PREJUDICE CATHY ANN BENCIVENGO , District Judge . Based upon the Motion of the United States, and good cause appearing therefor, IT IS HEREBY ORDERED that the Indictment in Case Number 19-CR-4653-CAB shall be dismissed without prejudice. IT IS SO ORDERED.
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO EFFECT ALTERNATIVE SERVICE JOHN A. HOUSTON , District Judge . INTRODUCTION Pending before the Court is Plaintiff United States Securities and Exchange Commission's ("Plaintiff" or "SEC") Motion for Leave to Effect Alternative Service ("Motion") of the complaint and summons on Defendants Gerardo de Nicol s Gutierrez ("de Nicol s"), Carlos Javier Moctezuma Velasco ("Moctezuma"), and Ramon Lafarga Batiz ("Lafarga") (collective "Defendants") 1...
ORDER FOR REASSIGNMENT SUSAN VAN KEULEN , Magistrate Judge . On March 19, 2020, Plaintiff filed a motion for a temporary restraining order. Dkt. 2. Neither party has yet consented to the jurisdiction of a magistrate judge. Due to the time-sensitive nature of Plaintiff's filing, the Court ORDERS the case reassigned to a district judge. SO ORDERED.
ORDER DENYING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER Re: Dkt. No. 2 EDWARD J. DAVILA , District Judge . On March 19, 2020, Plaintiff Gregory Malley filed a motion for a temporary restraining order against Defendants San Jose Midtown Development LLC ("SJMD"), Sangeeth Peruri, and Thomas Malgesini. Motion for Temporary Restraining Order ("TRO Mot."), Dkt. No. 2. On March 19, 2020, the case was reassigned to the undersigned. Dkt. No. 8. For the reasons discussed below, the...
ORDER TO SHOW CAUSE RE SETTLEMENT Re: Dkt. No. 30 SUSAN VAN KEULEN , Magistrate Judge . The parties report that this case has settled. Dkt. 30. All previously scheduled deadlines and appearances are vacated. By May 5, 2020, the parties shall file a stipulation of dismissal. If a dismissal is not filed by the specified date, then the parties shall appear on May 12, 2020 at 10:00 a.m. and show cause, if any, why the case should not be dismissed. Additionally, the parties shall file a...
ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL Re: Dkt. No. 305 VIRGINIA K. DEMARCHI , Magistrate Judge . In connection with the parties' discovery dispute concerning de-designation (Dkt. No. 306), plaintiffs filed an administrative motion to file portions of the parties' joint discovery letter brief under seal. Dkt. No. 305. Defendants filed a response pursuant to Civil Local Rule 79-5(e)(1). Dkt. No. 311. Having considered the parties' submissions, the Court grants the administrative...
ORDER DENYING DEFENDANT'S MOTION TO STRIKE CLASS ALLEGATIONS OR DENY CLASS CERTIFICATION [Re: ECF 63] BETH LABSON FREEMAN , District Judge . Before the Court is Defendant Shutterfly, Inc.'s motion to strike class allegations or deny class certification. Defendant's Motion to Strike Class Allegations or Deny Class Certification ("Mot."), ECF 63. Specifically, Defendant moves to strike Plaintiff Megan Taylor's class definition 1 in paragraph 24 of the First Amended Complaint ("FAC")...
ORDER GRANTING STIPULATION TO STAY LITIGATION PENDING ARBITRATION Re: Dkt. No. 12. HAYWOOD S. GILLIAM, JR. , District Judge . Pending before the Court is the parties' joint stipulation to arbitrate lawsuit and stay lawsuit. Dkt. No. 12. Having considered the parties' stipulation, and finding good cause therefor, the Court ORDERS that: • The Parties agree to submit the instant dispute to arbitration pursuant to the ServiceMaster We Listen Dispute Resolution Plan; • The instant lawsuit...
ORDER GRANTING MOTION TO DISMISS Re: Dkt. No. 48 HAYWOOD S. GILLIAM, JR. , District Judge . Pending before the Court is Defendants' motion to dismiss (Dkt. No. 48 ("Mot.")) Plaintiff's Second Amended Complaint (the "SAC," Dkt. No. 32), for which briefing is complete. Dkt. Nos. 55 ("Opp."), 57 ("Reply"). For the reasons articulated below, the Court GRANTS Defendants' motion to dismiss the First Cause of Action (Strict Products Liability) with leave to amend. Plaintiff is required to...
ORDER TO SHOW CAUSE AS TO WHY SENTENCING SHOULD NOT BE CONTINUED JEFFREY S. WHITE , District Judge . The above captioned case is currently scheduled for sentencing on March 31, 2020. The parties are HEREBY ORDERED TO SHOW CAUSE why the Court should not continue these matters to May 5, 2020, or later, for the reasons articulated in General Order 72 regarding the COVID-19 outbreak. For those same reasons, the parties are HEREBY ORDERED TO SHOW CAUSE why the Court should not specifically find...
ORDER RE TIME TO RESPOND TO DEFENDANT'S APPLICATION FOR RELEASE Re: Dkt. No. 59 PHYLLIS J. HAMILTON , District Judge . The court is in receipt of defendant Charles Eberhart's ("defendant") "Emergency Application for Immediate Release Due to the COVID-19 Pandemic." Dkt. 59. Based on that application, the court understands that both the government and probation office will oppose defendant's application. Id. at 2-3. The court hereby ORDERS the government and probation office to file...
